Writ Of Continuing Garnishment (Wage)

UNITED STATES DISTRICT COURTDISTRICT OF UTAH:Plaintiff,:::WRIT OF CONTINUINGvs.:GARNISHMENT (Wage)::: DefendantCivil No.:THE UNITED STATES OF AMERICA TO GARNISHEE:You are hereby ordered by the Court to hold a portion of Defendant(s)222 pension, wages or otherincome (not to exceed the outstanding amount owed on the judgment or order and courtapproved costs in this matter, being $) due at the next payday and continuing at eachpayday thereafter for a period of 120 days from the date this Writ was served upon you or in thecase of multiple garnishments, from the date this garnishment becomes effective, as calculatedpursuant to the attached questions, which are called Interrogatories or the attached Affidavit ofGarnishee as to Continuing Garnishment. To determine the income available for garnishment atthe next(first) payday, you are required to answer the attached Interrogatories and file youranswer with the Clerk of Court within five (5) business days of the date this Writ is served uponyou or, in the case of multiple garnishments, within five (5) business days after this Writbecomes effective. For each subsequent payday thereafter until the termination of this Writ, youare required to complete the attached Affidavit as to Continuing Garnishment (copy the attachedAffidavit Form for completion each payday) and file such affidavit with the Clerk of Court withinfive(5) business days after such payday. The address of the Clerk is Clerk, US District Court,351 S West Temple, Room 1.100, Salt Lake City, Utah 84101. You are also required tosend a copy of your initial Interrogatory answers and subsequent Affidavits to the Plaintiff at thefollowing address: .MULTIPLE WRITS OF CONTINUING GARNISHMENT may be served upon you for the sameDefendant. Only one Writ of Garnishment (continuing or otherwise) may be in effect andsatisfied at one time. When more than one Writ of Garnishment is served upon you againstearnings due to the same defendant, the Writs shall be satisfied in the order of service on you. Ifthis Writ of Continuing Garnishment is served upon you while a previous Writ is still in effect,you shall respond to this Writ with a statement that you have been served previously with one ormore Writs of Garnishment against earnings and you shall specify the date on which all Writspreviously served are expected to terminate. American LegalNet, Inc. www.FormsWorkFlow.com If you fail to answer the Interrogatories or to file subsequent Affidavits as set forth above, thejudgment creditor may ask the Court to make you pay the amount you should have withheld.If you owe or will owe money to the Defendant(s) which are subject to this Writ, you shallimmediately mail by first class mail a copy of the Writ and your initial Interrogatory answers, theNotice of Garnishment and Exceptions and two(2) copies of the Request for hearing to theDefendant(s) at the last known address of the Defendant(s) shown on your records at the time ofthe service of this Writ. In lieu of mailing, you may hand deliver a copy of these documents tothe Defendant(s). In the case of multiple garnishments, this mailing or delivery to Defendant(s)shall occur immediately after this Writ becomes effective. You shall provide notice to theDefendant(s) of amounts attached in subsequent pay periods.YOU MAY DELIVER to the officer serving this Writ the portion of Defendant(s)222 earnings orincome to be held at the next payday as shown by your answers. You may, in the alternative,hold the money. If you do not receive a copy of a request for hearing within 20 days of service ofyour answer to the Interrogatories on the defendant or any other person claiming an interest in theproperty, you shall pay the money to the plaintiff or plaintiff222s attorney. If you receive a copy ofa request for hearing within the 20 days, you must hold the money and any money held for asubsequent payday until further order of the court. If no request for hearing is filed or if the courthas issued an order following a request for hearing, the portion of Defendant(s) earnings orincome held at each subsequent payday as shown by the applicable Affidavit may be sent toPlaintiff or to Plaintiff222s attorney.YOU SHALL PAY to Defendants(s) the portion of Defendant(s)222 earnings or income which arenot held by this Writ of Garnishment at the time the same is normally paid to Defendant(s).ISSUED this day of , 20D. MARK JONESClerk of CourtBy: Deputy Clerk American LegalNet, Inc. www.FormsWorkFlow.com UNITED STATES DISTRICT COURT FOR THE DISTRICT OF UTAHNOTICE OF GARNISHMENT AND EXEMPTIONS YOUR MONEY MAY BE TAKEN TO PAY A CREDITOR. PLEASE READ THIS NOTICE CAREFULLYThe attached Writ of Garnishment and Answers to Garnishee Interrogatories have beenissued on request of a creditor (the plaintiff) who sued you and won and got a judgment againstyou (or a prejudgment Writ of Garnishment has been issued against you). This means that moneyheld for you by the garnishee ( such as your bank or employer) may be taken by the Plaintiff topay a judgment against you. If you are not sued but own an account with someone who wassued, read this Notice too.The law provides that certain monies cannot be taken to pay judgments. Such money issaid to be exempt. The following is a partial list of funds that are exempt:* Social Security Benefits* Alimony or Child Support* Supplemental Security Income (SSI)* Veterans' Benefits* Certain Pensions* Workers' Compensation benefits* Unemployment Benefits* Public Assistance (Welfare)* Part of your wages (all of your wages if the Writ of Garnishment is issued prior to anyjudgment being rendered against you)* Property or money of a person who did not have a judgment entered against them.There may be additional exemptions. There is no exemption solely because you arehaving difficulty paying your debts. The above exemptions may not apply to judgments foralimony and child support.The law also recognizes that if the money or property that are to be taken belong to you,but the judgment is not against you, your money should not be taken.If you are a co-owner of property that is taken, you should request a hearing to protectyour share.IF THE MONEY IN AN ACCOUNT DOES NOT BELONG TO YOU, OR IF YOU AREAWARE OF OTHER REASONS WHY THIS MONEY SHOULD NOT BE TAKEN, YOUMAY WANT TO CONSULT AN ATTORNEY.Because of the garnishment, your place of employment or your financial institution orother person was required to hold the amount of money claimed by the plaintiff. This means thatyou may not now withdraw or get this money. American LegalNet, Inc. www.FormsWorkFlow.com If you believe that the Writ of Garnishment was issued improperly, that theAnswers to Interrogatories are inaccurate, or that you are entitled to an exemption, DOTHE FOLLOWING IMMEDIATELY. You have a deadline of ten (10) days from the datethe plaintiff mailed or delivered this notice to you.1.If funds in your account were garnished, on the attached 223Request for Hearing224 check theappropriate box(es) in paragraph one.2.If your wages were garnished, on the attached 223Request for Hearing224 check theappropriate boxes in paragraph two.3.Sign your name in the space indicated and provide the address where the Court Clerk is tonotify you of the hearing.A KNOWINGLY-MADE FALSE STATEMENT ON THE FORM MAY SUBJECTYOU TO CRIMINAL PENALTIES.4.Mail or take the Request for Hearing to the Court Clerk within ten (10) days from thedate this notice was mailed or delivered to you. Mail a copy of the Request for Hearingto the garnishee. Keep the second copy of the "Request for Hearing" for your records. The Clerk of Court will set the matter for hearing and notify you. You have a right to ahearing within ten (10) days from the date the Clerk of Court receives your claim. At thehearing in Court, you will have to prove that your money is exempt. You should bringany documents which may help to prove your money is exempt.You may wish to consult an attorney for advice or assistance concerning the hearing. Ifyou do not come to Court on the designated time and prove that the garnishment was issuedimproperly, that the answers to the interrogatories are inaccurate, or that your money is exempt,you may lose some